What You Need to Know About Michigan’s New Hands-Free Distracted Driving Law
Texting while driving has been illegal in Michigan for over a decade. Recently, Michigan lawmakers updated the distracted driving laws to match today’s technology. Michigan passed a new law that makes it illegal to hold or manually use a phone or other mobile electronic device while operating a vehicle.
Here, an experienced criminal defense attorney explains what you need to know about the law to avoid legal trouble while driving.
What is Michigan’s new hands-free distracted driving law?
The hands-free distracted driving law makes it illegal to manually use a cell phone or mobile electronic device while driving. This includes during stops at a light and when stuck in traffic. It doesn’t apply if you are legally parked.
Under the law, you cannot manually do any of the following while driving:
- Make or answer a phone/video call
- Send or read text and email messages
- Watch, record, or send videos
- Open, read, or post to a social media site
- Browse the internet
- Put information in a GPS or navigation system
Can I use a mounted device or Bluetooth?
You can use any hands-free technology unless you manually use the system. If your device is mounted on the dashboard or connected to your vehicle’s system, it is illegal to use your hands to control it beyond one touch. Using voice-operated mode is legal, so it’s your best choice when driving.
What are the penalties?
Under the new law, holding or manually using any mobile electronic device is a primary offense, so an officer can stop and ticket a driver if they see the driver doing it. However, the police cannot search a driver solely for this violation.
If you get pulled over, you can face the following penalties:
- 1st violation: $100 fine and/or 16 hours of community service
- 2nd or subsequent violations: $250 and/or 24 hours of community service
- Three violations in three years: complete a driving-improvement program
Any civil fines are doubled if you cause a traffic crash while holding or manually using a phone.
Are any drivers or situations exempt from these penalties?
This new ban does not apply to on-duty public safety drivers. These people include firefighters, paramedics, and police officers.
Using a handheld device during an emergency is also exempt from penalties. For example, calling 9-1-1 and reporting a crime, crash, or reckless driver are exempted situations.
According to the law, safety officers can also hold a phone when using one button to “press, tap, or swipe to activate or deactivate a feature…or to select a phone number or name.
Talk to the Criminal Defense Lawyers at JAD Law
If you get ticketed for using a cell phone while driving, you may want an experienced criminal defense lawyer to advocate for you. JAD Law is here to help.
Contact JAD Law today to schedule an appointment.
JAD Law serves several counties across Metro Detroit, Michigan, including Macomb, Oakland, St. Clair, and Wayne counties. JAD Law also serves counties across Northern Michigan.
